Results.
540 judgments found.
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| February 1996 |
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Employer held vicariously liable for false imprisonment where police acted on employer's charge without reasonable suspicion; defamation dismissed.
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Tort — False imprisonment — Arrest effected by police at employer's instance — distinction between giving information and making a charge — vicarious liability of employer; Defamation — whether words were capable of defamatory meaning — expressions of suspicion versus allegations of guilt.
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19 February 1996 |
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Plaintiff awarded taxed costs (K24,913.70); court held Bulluck authority permits recovery of taxed bill involving a successful co-defendant.
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Costs — Taxed costs — Entitlement to recover taxed bill — Effect of successful co-defendant — Bulluck v London General Omnibus Co. authority.
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15 February 1996 |
| January 1996 |
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25 January 1996 |
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Assessment of wrongful-death dependency damages using Cookson v Knowles method; K15,400 awarded and apportioned to dependants.
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Wrongful-death damages — assessment under Law (Miscellaneous Provisions) Act — use of Cookson v Knowles multiplicand/multiplier approach — multiplicand accepted as net sums actually provided — pre-trial and post-trial calculation — apportionment among dependants — costs awarded after default.
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10 January 1996 |
| December 1995 |
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Custodial assault and ill-treatment attract damages; lawful arrest under an objectionable law did not automatically amount to false imprisonment.
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False imprisonment — lawful arrest under objectionable law; Assault and inhuman treatment in custody — damages; Loss of profits — damages assessed; Article 138(1) Constitution — National Compensation Tribunal and forum choice.
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29 December 1995 |
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Assessment of damages after default judgment for injuries from a police shooting; plaintiff found credible and awarded compensation.
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Assessment of damages — default judgment — police shooting — personal injury — credibility of witness evidence — quantum for pain, suffering, loss of amenities and earning capacity — costs.
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19 December 1995 |
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Repeated state detention tolled limitation; plaintiff entitled to repayment for duress, pension recalculation, and exemplary damages for false imprisonment.
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Limitation Act s25 (fraud/concealment) — tolling of limitation by continuous state detention; Duress and money had and received — extorted payments repayable with interest; Pension law — entitlement and re‑calculation of employer and employee contributions; False imprisonment — prolonged administrative detention, neglect of medical care, exemplary damages; Detention orders and unlawful administrative detention.
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5 December 1995 |
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Application to set aside default judgment dismissed where defendant had already vacated premises and no award for mesne profits existed.
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Civil procedure — Default judgment — Setting aside under Order 13 Rule 9 — Discretion guided by Evans v Bartlam — Defendant must show a defence with a real prospect of success — No need to set aside judgment where relief (possession) already achieved — Damages/mesne profits cannot be assessed absent an award.
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1 December 1995 |
| November 1995 |
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Defendant liable for cancellation of school-supply orders; plaintiff awarded loss-of-profits K423,970.75 for 89,257 undelivered boxes.
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Contract — repudiation/cancellation of purchase orders — measure of damages: loss of profits versus market-price under Sale of Goods Act; requirement of a genuine available market; assessment of quantum based on reasonably established production cost; rejection of inadequately pleaded loss of chance.
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28 November 1995 |
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Court awarded the plaintiff K7,000 for personal injuries: K3,000 for loss of earning capacity and K4,000 for pain and suffering.
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Personal injury — assessment of damages — fractured arm and scalp lacerations — hospitalization and visible scarring — loss of earning capacity; pain, suffering and loss of amenities — absence of medical report not fatal to finding ongoing disability.
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22 November 1995 |
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Court disallowed post-evidence amendment of a default judgment and made modest awards for personal injury and dependency based on limited evidence.
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Civil procedure — amendment of default judgment after evidence — amendment disallowed where it would correct evidential defect and be inequitable; Assessment of damages — credibility of medical and oral evidence; Personal injury damages; Loss of dependency calculation and assumptions; Costs awarded to successful plaintiffs.
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22 November 1995 |
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Court refused full stay pending appeal, ordered K20,000 paid and K15,000 deposited into court pending appeal.
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Civil procedure — Stay of execution pending appeal — Order 59 r.13 — Discretionary stay — Burden on applicant to show irrecoverability of funds — Partial payment and balance paid into court as security pending appeal.
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20 November 1995 |
| October 1995 |
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Plaintiff awarded K45,000 for 21-day false imprisonment after defendant withdrew its defence; costs to plaintiff.
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False imprisonment — assessment of damages — withdrawal of defence and entry of judgment under court rules — comparative awards and currency devaluation — 21 days' detention; police cell conditions; costs awarded to plaintiff.
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26 October 1995 |
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Affected parties should seek variation or revocation from the issuing court before appealing ex parte orders.
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Civil procedure — Ex parte orders — Provisional nature and duty of full disclosure — Registrar’s power to grant, vary or set aside ex parte orders — Proper procedure for affected party is to seek reconsideration by issuing court, not immediate appeal — Conditions of stay (sheriff’s fees).
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24 October 1995 |
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Default judgment upheldly set aside where the defendant’s proposed defence disclosed arguable issues of non-publication and qualified privilege.
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Civil procedure — Setting aside default/regular judgment under Order 13 r.9 — Defendant must disclose a defence on the merits; defence need only raise an arguable/triable issue — Libel: denial of publisher/owner status and qualified privilege.
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5 October 1995 |
| September 1995 |
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A defendant seeking to set aside a default judgment must show a bona fide, particularised defence with a real prospect of success; mere assertions are inadequate.
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Civil procedure — Default judgment — Application to set aside — Defendant must show bona fide defence on the merits with a real prospect of success — Mere unparticularised allegations (unworkmanlike performance, unexplained deductions) insufficient.
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27 September 1995 |
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Section 138 is invalid insofar as it purports to oust ordinary courts' jurisdiction over constitutional or judicial matters.
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Constitutional law — jurisdiction of ordinary courts — Section 138 National Compensation Tribunal — whether Tribunal ousts courts’ exclusive jurisdiction — constitutional invalidity where law purports to oust judicial jurisdiction (section 11(4)); access to courts (section 41(2)); judicial review (section 142).
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27 September 1995 |
| August 1995 |
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Watchman warranty suspends cover when guard services cease or are unavailable; insurer not liable for theft during suspension.
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Insurance law — watchman warranty — plain meaning construction — suspension of cover where watchman services are temporarily or permanently discontinued or unavailable — suspension applies regardless of who caused discontinuance — insured must notify insurer and obtain written assent — insurer not liable for losses during suspension.
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8 August 1995 |
| July 1995 |
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Summary judgment refused where respondent raised a bona fide defence under Regulation 3(7) of the Preservation of Public Security Act.
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Civil procedure — summary judgment (Order 14) — false imprisonment — Preservation of Public Security Act, Regulation 3(7) — detention pending investigation — reasonableness and duration of custody — bona fide defence defeats summary judgment.
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28 July 1995 |
| June 1995 |
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Award of past earnings and general damages for wrongful dismissal; no speculative award for future loss; costs awarded.
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13 June 1995 |
| May 1995 |
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Plaintiff's 1976 wrongful dismissal and detention claims are time-barred under the six-year Limitation Act; no extension applies.
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Limitation Act s4(1)(a) — accrual of cause of action — tort (wrongful dismissal/false imprisonment) — six-year limitation; s21/s2(3)(a) disability (minority/unsound mind) — no extension; fraud/concealment/equity insufficient to suspend limitation.
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10 May 1995 |
| April 1995 |
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Court granted leave to amend pleadings and issued case-management directions despite defendant's dormant dismissal application.
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Civil procedure — Amendment of writ and pleadings (Order 20 r.5) — Closure of pleadings and summons for directions (Order 18 r.20; Order 25 r.1) — Dormant dismissal application not a bar — Discovery by exchange of verified lists — Case management directions.
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26 April 1995 |
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Court awarded K10,000 and K3,000 as general damages to two injured plaintiffs and ordered costs against the defendant.
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Personal injury — assessment of general damages — default judgment and assessment in defendant's absence — medical evidence and partial incapacity — quantum and loss of amenities (consideration of currency value).
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18 April 1995 |
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Taxing master reduced and disallowed items for non‑compliance with rules, awarding K38,845 taxed costs.
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Costs — Taxation of bill of costs — Non‑compliance with Rules of the Supreme Court — Taxing master’s discretion to disallow or reduce items — Care and conduct allowances — Reductions for partial or no court sittings.
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18 April 1995 |
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Parents may recover loss of dependency for young children’s deaths based on present services and future prospective contribution.
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Damages — Wrongful death — Loss of dependency by parents for death of very young children — Present household services and prospective future contribution as basis for dependency — Sections 3 and 7, Statute Law (Miscellaneous) Act (Cap 5:04).
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7 April 1995 |
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Court ordered security for costs where plaintiff was abroad and address undisclosed, fixing security at K45,000.
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Civil procedure — security for costs (Order 23 r.1) — plaintiff resident abroad; address not stated; discretion to order security; unsatisfied default judgment does not bar security application; quantum fixed at K45,000.
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7 April 1995 |
| March 1995 |
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Default judgment set aside where defendant’s affidavit disclosed triable issues; plaintiff’s opposing affidavit not considered.
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Civil procedure — setting aside default judgment — Order 13 r.9 & Order 19 r.9 — defendant’s affidavit must disclose defence or triable issue — opposing affidavit ordinarily not considered — triable issues found, default judgment set aside.
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29 March 1995 |
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Interlocutory injunction properly maintained where vendor sought to renege on a clear sale agreement, justifying preservation of the status quo.
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Civil procedure — interlocutory injunctions — ex parte urgency requirement; Contract law — positive contract of sale — when injunctions may be granted to preserve status quo pending specific performance; American Cyanamid test — good arguable case and balance of convenience; Delivery of title documents to court to preserve rights.
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13 March 1995 |
| February 1995 |
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Whether a later-registered company using a similar name in the same business constitutes passing off and may be restrained.
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Company names — Passing off — Similarity of names in same trade likely to cause confusion — Common-law right to protect goodwill — Striking name from register and injunctive relief.
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9 February 1995 |
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Oral expatriate employment contract enforceable; employer’s failure to reduce to writing and wrongful termination entitles employee to damages.
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Employment law — oral expatriate employment contract enforceable — Ministerial Application Order excludes s.12(1)(e) — employer’s failure to reduce to writing and wrongful termination — implied reasonable notice (three months for senior expatriate) — damages awarded.
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8 February 1995 |
| January 1995 |
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Whether wrongful arrest and detention entitle the plaintiff to damages for false imprisonment and lost promotion prospects.
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Tort — False imprisonment — Unlawful arrest and detention following workplace incident — Quantum of damages for lengthy detention and poor prison conditions; Damages for loss of promotion prospects — Defamation — burden to prove publication; Civil procedure — amendment to pleadings allowed if duly served and uncontested; Failure of state defendant to appear.
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24 January 1995 |
| December 1994 |
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High Court lacks jurisdiction to grant parental responsibility orders over an infant not resident in Malawi.
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Jurisdiction — High Court guardianship powers under s11(a)(i) Courts Act — residence requirement; Constitutional provision s23(3) does not confer in rem jurisdiction; infant not resident in Malawi — application dismissed.
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20 December 1994 |
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Damages awarded for pain, disfigurement and loss of amenities; no loss-of-earnings award for lack of causal link.
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Personal injury — assessment of damages — pain and suffering, disfigurement, loss of amenities — causation for loss of earnings — weight to medical disability report where clinical recovery progressed.
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14 December 1994 |
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Court ordered security for costs against foreign-resident plaintiff after balancing success likelihood and enforceability concerns.
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Civil procedure — Security for costs (Order 23 Rule 1) — Foreign plaintiff — Residence abroad not per se ground for security — Court’s discretion to consider likelihood of success and practicability of enforcement — Order for K10,000 or bond ordered.
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14 December 1994 |
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Remand on bail ended the detention period; plaintiff awarded K30,00 and costs for false imprisonment.
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False imprisonment — assessment of quantum — period of detention ends when remanded on bail — damages for loss of liberty are at large and assessed on multiple factors — prior awards illustrative only.
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13 December 1994 |
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Interlocutory injunction refused where granting it would grant substantive relief and cause injustice to the occupying respondent.
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Interlocutory injunctions — equitable remedy — caution against granting substantive relief before trial — occupation prior to lease — potential prejudice to occupier's rights against third party (city council).
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1 December 1994 |
| November 1994 |
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Ex parte garnishee relief denied where funds were conditional deposit-on-sale, not a demonstrable present debt.
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Garnishee proceedings — ex parte application — requirement to show garnishee indebted to judgment debtor — conditional deposit-on-sale not equivalent to present debt — applicant’s failure to address material issue fatal to relief.
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23 November 1994 |
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Court found recurring trespass from neighbouring construction, awarded repair and use damages, survey costs, injunction and costs.
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Property law — Trespass to land by neighbouring construction — Damage to hedge and obscured boundary beacons — Measure of damages: repair/reinstatement costs, diminution in value, compensation for use (wayleave) — Aggravated damages for persistent trespass and disobedience of injunction — Entitlement to surveyor costs to re-locate beacons — Granting of injunction and costs.
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15 November 1994 |
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Plaintiff's dependency award reduced for seasonal, expense-heavy produce trade; court awarded K72,000.
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Damages — Loss of dependency — Assessment of earnings for a seasonal produce buyer-reseller — Use of death certificate for multiplier — Deductions for business expenses, tax and personal consumption.
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8 November 1994 |
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Whether a seizure clause refers to failure to pay any instalment or the whole balance determines legality of early seizure; ambiguous clauses construed against the drafter.
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Sale of goods — agreement to sell with reservation of property — construction of seizure clause "If he fails to pay" — contra proferentem — premature seizure before final payment date — rescission of reservation term and treatment as debt.
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1 November 1994 |
| October 1994 |
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A sick teacher entitled to medical retirement, arrears and benefits despite procedural notice not produced but inferred.
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25 October 1994 |
| September 1994 |
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Judgment entered on admission for the admitted principal debt; affidavit omission irregular but not fatal; interest not admitted.
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Civil procedure — Judgment on admission (Order 27) — admissions by letter — irregularity for failure to file affidavit — admission of principal debt but not of claimed interest.
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19 September 1994 |
| August 1994 |
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No binding contract where seller's acceptance was conditional on prompt cheque/loan approval; claim dismissed.
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Contract formation — offer and acceptance — conditional acceptance reserved by seller — completion of loan application forms not unconditional acceptance; no contract, no breach.
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26 August 1994 |
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Claims for false imprisonment, malicious prosecution and salary arrears dismissed where reasonable grounds existed and no malice was proven.
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False imprisonment — police decision to arrest — role of informant; Malicious prosecution — requirement of absence of reasonable and probable cause and malice; Payroll discrepancies — evidence of false names and cancelled entries; Employer/employee liability for provision of information to police; Claim for salary arrears — insufficiency of evidence and summary dismissal.
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26 August 1994 |
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Whether invoice terms formed part of the contract and whether 2% interest was payable on overdue accounts.
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Contract law — incorporation of invoice terms — interpretation of order and invoice as whole — invoiced payment terms — interest on overdue accounts (2%) — costs: each party to bear own costs.
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18 August 1994 |
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Compensatory damages for false imprisonment increased by assault, sexual abuse, and denial of food and visits; exemplary damages not pleaded.
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False imprisonment — assessment of damages — compensatory damages discretionary and "at large" — aggravating factors: assault, sexual abuse in custody, denial of food and visits — exemplary damages require specific pleading — prison authority knowledge of abuse relevant to quantum.
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9 August 1994 |
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Enlarged time granted; arbitrator’s refusal to give reasons not misconduct; costs award upheld despite equal-costs contract clause.
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Arbitration — review of award — limitation and enlargement of time — arbitrator’s refusal to give reasons — costs awarded despite contract clause — Arbitration Act confers discretion and voids contractual ouster of costs rule.
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5 August 1994 |
| July 1994 |
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Plaintiff's discontinuance after recovering debt upheld; third-party proceedings set aside for abandonment and costs awarded to plaintiff.
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Civil procedure — discontinuance after realisation of security — costs discretion; third party proceedings set aside for failure to prosecute (abandonment); counterclaim vulnerable to res judicata/statute-bar.
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11 July 1994 |
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Employees lacked standing; sale process lawful and private purchaser not subject to judicial review.
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Judicial review — scope and limits — purchaser not a public body — standing/sufficient interest of employees — legitimate expectation and natural justice — irrationality/ultra vires — company law: directors as agents of sole shareholder; sale of state‑owned undertaking.
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4 July 1994 |
| May 1994 |
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Court refused to set aside declaration challenging police roadblocks, reserving constitutional questions on Police Act s.22(1) for trial.
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Constitutional supremacy — Police Act s.22(1) — roadblocks and searches — scope and constitutionality; balance between national security/public order and individual rights; ex parte relief under Order 29; interlocutory refusal to set aside declaration.
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23 May 1994 |